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should I file an appeal?? help! Wisconsin

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  • should I file an appeal?? help! Wisconsin

    I was on disability leave for about 4 months and thought i had followed companies policy. I then received a letter in the mail stating that I have voluntarily terminated employment because I was either supposed to call or report back to work and "failed" to do so. Thing is I did return HR's phone call and I was still under my doctor's care when I was fired. There was also a document I was supposed to sign that stated I resigned from my position. I didn't sign it because I didn't resign, did I? Anyway I filed for unemployment and after getting the run around for about 2 months I received a letter saying that I got denied because, " Employee quit when he failed to return to work or contact the employer about his status to work." Also when I first went to the doctor he wrote a note saying i was under his care indefinitely. Isn't this a wrongful termination or discrimination? Don't know what to do.... Thanks for any feedback

  • #2
    The maximum that your employer is required to hold your job for is 12 weeks. After that, you no longer have any job protection, even if you are still under a doctor's care. No, this is not a wrongful termination and it would only be illegal discrimination if you can show that a similarly situated employee of a different race, gender, etc. who was out for four months and also did not contact the office was NOT fired, and was not fired BECAUSE OF his race, gender, etc.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.